Section 375 in the Indian Penal Code

Section 375 provides the definition of rape. Under this, a man is said to commit “rape” who, except in the case hereinafter excepted, has sexual intercourse with a woman under certain circumstances. These circumstances include,

  1. Against her will;
  2. Without her consent;
  3. With consent obtained under fear of death or hurt;
  4. Consent is given under a misconception of fact that the man is her husband;
  5. Consent is given because of unsoundness of mind, intoxication or under influence of any stupefying or unwholesome substance;
  6. With a woman under eighteen year of age, with or without her consent.
  7. With a woman who is unable to communicate her consent.

Exception 2 to Section 375: This section provides that sexual intercourse by a man with his own wife (provided that wife is over the age of 15) would not amount to the offence of rape. This is based on the premise that all sex within marriage is consensual.

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